In July, 2013 PC White and Special Constable Anderson of Norfolk Constabulary attended at the home of my client Linda to issue a Police Information Notice (PIN).
At the time of this visit there were present in the house, along with Linda, her three daughters – 14-year-old Annabelle, 12-year-old Charlotte and 5-year-old Lucy – as well as Linda’s sister-in-law Catherine and brother-in-law Derek.
SC Anderson began to explain to Linda that as a result of an allegation of harassment made by her ex-partner, he intended to issue her with a PIN. SC Anderson omitted to explain, however, that Linda was under no duty to accept the PIN, and furthermore that a PIN did not carry any statutory force.
Linda stated to the officers that she was not happy to be issued with a PIN and that it was in fact she who was the recipient of inappropriate behaviour from her ex-partner, which she had previously reported to Norfolk Police without action. Linda then insisted that both officers leave her house immediately. In response, SC Anderson said “I will once you have accepted and signed this PIN.”
Under protest, Linda then signed the PIN document. The fact was, however, that as soon as she had instructed the officers to leave her home, the decision of the officers to remain (and to ‘brow beat’ Linda into signing the Notice) converted their status from lawful visitors into trespassers.
Having got Linda to sign the document, the officers then proceeded towards the front door. At Linda’s request, 14-year-old Annabelle (holding her 5-year-old sister in her arms) then attempted to shut the lounge door behind the departing officers, by kicking the door with her foot. Unfortunately, this resulted in the closing door striking SC Anderson a glancing blow on his left arm.
PC White then stormed back into the lounge and threatened to arrest Annabelle for assault on his colleague. In response, Annabelle swore at PC White and told him to leave.
In response to this, PC White then grabbed hold of Annabelle’s arm and started pushing and pulling her around, such that Linda had to rescue her younger daughter from Annabelle’s arms.
PC White then forced Annabelle face down on the floor and pinned her down, placing his knee against her back before spraying her directly in the face with PAVA gas, and then handcuffing her to the rear.
PC White also deployed his PAVA spray in a broad sweeping motion towards the adult occupants of the room.
Further officers now arrived at the house, in response to an emergency request made by PC White, and Linda was arrested on false charges of having assaulted PC White in the execution of his duty. Annabelle was also arrested (for allegedly assaulting both PC Anderson and PC White) and Linda’s sister-in-law Catherine was likewise, for supposedly having also assaulted PC White.
Both women and the girl were then transported to and detained overnight at Bury St Edmunds Police Station. They were processed and then interviewed before being charged with assaulting PC White.
The case proceeded to trial four months later when all three were found not guilty.
Linda, Annabelle and Catherine then pursued claims for trespass, assault, wrongful arrest and malicious prosecution with my expert assistance.
Although Norfolk Constabulary denied liability, shortly after Court proceedings were instituted, the Police agreed settlements of £29,000 for Linda, £30,000 for Annabelle and £24,000 for Catherine, a total recovery of £83,000 damages for the family plus their legal costs.
All names changed
Also read: £83,000 Damages for Police trespass into family home.
